Case Summaries
Criminal Law & Procedure
[12/02]
People v. Giles
Conviction for burglary and possession of stolen property is affirmed in part and reversed in part where evidence of defendant's commission of prior uncharged burglaries was prejudicial as to the burglary count and required a limiting instruction.
[12/02]
Matter of Rivera v. Firetog
In a CPLR article 78 proceeding seeking to bar a retrial for murder on double jeopardy grounds, petition is dismissed where the trial court appropriately declared a mistrial based on the jury's deadlock after exploring alternatives, and retrial of defendant would not implicate double jeopardy.
[12/02]
US v. Padilla
Conviction for possession of a firearm by a convicted felon is affirmed over claims of error that: 1) the district court erred in concluding that police had reasonable suspicion to stop and frisk defendant pursuant to Terry v. Ohio and in denying defendant's motion to suppress handgun that was recovered in the frisk; and 2) the district court abused its discretion and violated defendant's Fifth and Sixth Amendment rights with trial ruling that curtailed defendant's cross-examination of government witnesses.
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